Approximately two-thirds of this legislative session has expired. The maximum length for a legislative session in Texas is 140 days starting on the second Tuesday in January. We are 96 days into this session. So where do we stand on key pieces of legislation related to sand mining and other flood mitigation? A quick update.
With 42 more days left in this legislative session, chances are looking good for flood mitigation legislation but slim for sand mining legislation.
Proposed Legislation in House
HB13 Creates a flood infrastructure fund of $3.26 billion taken from the Economic Stabilization (Rainy Day) fund for flood planning, mitigation, and infrastructure projects. (Comparable to SB7 below but with some differences.) This bill finally passed the House on April 11 and was sent to the Senate on the same day.
HB509 Allows Texas Railroad Commission to regulate APOs with TCEQ. Requires: hydrologic impact study, public notice, public hearings, and provides fines up to $10,000 and 1-year in jail for false statements. The Energy Resources Committee held a public hearing on April 8. Opponents says six of 11 members on the committee oppose the bill. It is still pending in committee. They could act on it as early as April 15. If you haven’t sent in your letters let, time is running out on this one.
HB 907 Doubles the penalties for not registering a sand mining operation. New penalties can range from $10,000 to $20,000 per year with the total not to exceed $50,000. Scheduled for a public hearing on Wednesday, April 17.
HB 908 Provides for penalties up to $50,000 for water code violations and every-other-year inspections. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.
HB 909 Calls for the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations) that comply with applicable environmental laws and regulations. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.
HB 911. Creates a Lake Houston Watershed Commission: Purpose: to provide the public with streamlined communication and cooperation in flood control planning. Public hearing held on March 19 and has been pending in the Natural Resources Committee ever since.
HB 1671. Extends water quality protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos as part of a pilot program. Attaches penalties for non-compliance with best practices defined under HB909. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.
HB 2871. Would require sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance. The Energy Resources Committee also held a public hearing on this bill on April 8. Six of 11 members reportedly oppose the bill. It is still pending in committee. They could act on this one, too, as early as April 15. If you haven’t sent in your letters yet, act now.
Proposed Legislation In Senate
SB 7. Creates a dedicated Texas Infrastructure Fund for flood control planning and the funding of flood planning, mitigation, and infrastructure projects. Passed by the Senate and referred to House Natural Resources Committee on March 28. No action since then.
SB500. An appropriations bill that includes funding for SB7 and an amendment that would dedicate $30 million for dredging of the West Fork Mouth Bar in Lake Houston. Passed by both houses and heading for a conference committee to iron out slight differences in amendments.
SB2123. Companion bill identical to HB907. No action since referral to Natural Resources and Economic Development committee on March 21.
SB2124. Companion bill, identical to HB909. No action since referral to Natural Resources and Economic Development committee on March 21.
SB2125. Companion bill, identical to HB908. No action since referral to Natural Resources and Economic Development committee on March 21.
SB2126. Would allow conservation districts to dredge rivers without a permit to restore conveyance if they place the spoils on private land. No action since referral to Natural Resources and Economic Development committee on March 21.
42 Days Left
With only 42 days left before the end of the session, the chances for flood mitigation legislation look hopeful. However the chances for sand mining regulation look doubtful. Near the end of the third quarter, TACA and the status quo are up 10-0 over Citizens.
In exactly six weeks, the clock will run out and it will be two more years for resident’s next shot at sand mining regulation. Stay tuned.
Posted by Bob Rehak on April 13, 2019
592 Days since Hurricane Harvey
00adminadmin2019-04-13 19:43:212019-04-13 19:44:06Time Running Out for Legislation On Sand Mining
Last month, the U.S. Army Corps of Engineers predicted that dredging could take until early May. They allowed another month for de-mobilization. However, one of the two dredgers on the job, Great Lakes, finished this week. Their early finish could affect a series of decisions on the mouth bar.
Sand Bar blocking the West Fork of the San Jacinto where it enters Lake Houston. The City estimates that 1.4 million cubic yards of sediment was deposited in this area during Harvey.
Early Finish, New Possibilities
The early finish could let mouth-bar dredging start sooner. However, it also could put pressure on the Corps to consider options not in play a week ago.
At the end of March, the City of Houston submitted an application to FEMA to fund mouth bar dredging. The purpose: remove 1.4 million cubic yards of sediment from the giant sand bar at the mouth of the San Jacinto West Fork. Separately, the City also submitted a permit application to the Army Corps to store the dredging spoils on property in Humble, across from Kingwood’s River Grove Park.
Officials hoped that decisions could be made on both requests before the dredgers began demobilizing. That could save up to $18 million in re-mobilization fees. From a taxpayer-savings point of view, it’s more economical to keep the dredgers dredging than organize a second separate project.
However, Great Lake’s early finish is forcing everyone from Galveston to Houston to Austin to Washington to scramble.
Great Lakes’ dredge is back at the dock at the Corps’ command site in Humble.
New Possibilities
As of this afternoon, the Army Corps said it was still reviewing the storage application permit to use the property in Humble. The permit review plus site prep, if approved, could take months though.
This raised the question of a backup site and the obvious one in my mind is one the Corps is already using – Placement Area #2 (PA2) on Sorters Road south of Kingwood College.
But that would require a much longer run, additional booster pumps, more pipe, and most likely…the larger, more powerful dredge that just finished.
Experts tell me that it is technically feasible to pump the sand all the way from the mouth bar to PA2 – IF the sand mine operator would allow it.
Evaluating Alternatives
Will the higher cost of the longer run eat up any savings that come from avoiding a second mobilization? The Corps has not yet had time to explore all possibilities and run the numbers, but it’s good to know another possibility may exist…
…if FEMA acts right away
…if the Humble property runs into problems
…if the Corps needs to move quickly to take advantage of the larger dredge.
To help keep all options open, officials throughout Texas at every level have leaped into action.
City officials have scrambled also. Dave Martin, Houston City Council Member said, “I’ve been in communication all day, and had multiple conversations with Great Lakes; Congressman Dan Crenshaw’s office; Chief Nim Kidd of the Texas Division of Emergency Management; Stephen Costello, the City’s Chief Recover Officer, and more.” Reportedly, even Governor Abbott got involved at one point.
According to Martin, “Our #1 goal is a Mission Assignment.”
Still Time to Save Re-mobilization Costs
Martin added,”Nothing is being disassembled, yet. They are not removing any pipe yet. They are taking advantage of this down time to check the pipe’s condition so that it can be replaced if necessary. I’m guardedly optimistic at this time.”
One experienced dredger explained that pipe can wear out. Coarse sand, he said, can be very abrasive, especially with steel pipe.
So for the time being, dredgers are performing necessary maintenance and inspections. That could take days or weeks. However, it probably will not keep them here months. Bottom line: the clock is ticking … louder now than before.
Contractors can’t tolerate downtime indefinitely. How long they decide to wait will most likely depend on the certainty of future work. That depends on FEMA and how quickly it acts.
Update on Funding
FEMA has not yet committed any funding. Stephen Costello has said in the past that the amount they fund will depend on their assessment of the City’s assessment. The two sides need to agree on how much mouth-bar sediment came from Harvey.
Mayor Sylvester Turner has committed $18 million from the City, according to City Council Member Martin. And the County committed $10 million in last year’s flood bond.
Keep in mind though that we must also budget for dredging beyond the mouth bar. We need East Fork, remainder of the West Fork, and maintenance dredging.
All the pieces are falling into place. Keep your fingers crossed and your eyes on FEMA. This is a high-stakes, political drama for the Lake Houston area!
Posted by Bob Rehak on April 12, 2019
591 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/GLDD-Dredge-Back-At-Dock.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-04-12 14:48:222019-04-12 20:29:50Great Lakes Finishes Dredging Early; Accelerates Need for Mouth Bar Decision
Houston City Council Member Dave Martin’s office issued the following release today re: the lowering of Lake Houston in advance of storm warnings for the weekend. Some people anticipated additional lowering for a lake that had already been lowered due to maintenance. The City will NOT lower the lake. Here’s what’s happening and why.
Lake Houston Not Releasing Any Water
Houston, TX – Council Member Dave Martin would like to make Lake Houston Area residents aware that he has not requested any lowering of Lake Houston since October of 2018. In February, the lake was lowered by one foot to 41.5 feet, allowing for spillway dam repairs, which was a Houston Public Works maintenance project. After repairs were completed the lake was to be naturally refilled to its normal pool elevation of 42.5 feet during the month of March through regular rain events.
Unseasonably Dry March
This March was unseasonably dry which did not allow for the lake to refill as quickly as expected. On April 1, 2019, Lake Conroe began their seasonal release of water to Lake Houston which will result in the release of one foot of water to Lake Houston, bringing Lake Houston back to normal pool elevation of 42.5 feet by the end of the month. The release from Lake Conroe must be controlled and systematic. To monitor the seasonal release you can visit the San Jacinto River Authority’s website here.
Harvey filled the lagoon by the popular boardwalk at River Grove with sand and silt. With Lake Houston lowered for dam repairs, you can see exactly how much sediment was deposited. KSA discussed two options for this area: dredging when the Corps completes its work or turning it into wetlands. Which would you prefer?
Council Member Martin has requested that no additional water be released from Lake Houston during this upcoming weekend’s rain event. The holding of any water received due to rain this weekend will assist in speeding up the refill process for Lake Houston. The current level of Lake Houston is 41.5 feet, which is one foot below its normal level.
To observe Lake Houston water levels please visit the Coastal Water Authority website here.
Unnecessary Release
During last weekend’s inclement weather Council Member Martin advised Houston Public Works that an additional release of water from Lake Houston was NOT necessary due to the lake already being low. However, Houston Public Works without the direction from Council Member Martin released an additional six inches of water on Friday, April 5 from Lake Houston.
Upon notification from Houston Public Works, which occurred after hours over the weekend, that an additional release had been conducted, Council Member Martin immediately requested the closure of all gates at Lake Houston in an effort to stop the unnecessary release of water. We appreciate resident’s patience as our office works diligently with Houston Public Works to improve communication with residents regarding the operations of Lake Houston.
Martin Calls for Improved Communication and Formal Protocol
As a result of this failure in communication by Houston Public Works, our office has requested the department provide a formal protocol to our office so that we may share with the community. As in the past during inclement weather situations, which predict more than three inches of rain in the San Jacinto Watershed, our office will provide at least 48 hour notification to residents. This advance notification will allow time to secure boats and other water vehicles. For more information please contact the District E office by calling (832) 393-3008 or by emailing DistrictE@houstontx.gov.
Posted by Bob Rehak on April 11, 2019
590 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/Dredging-3.27.19_8-1.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-04-11 20:14:142019-04-11 20:20:31Why Lake Houston is NOT Releasing Water Despite Approaching Storm
Time Running Out for Legislation On Sand Mining
Approximately two-thirds of this legislative session has expired. The maximum length for a legislative session in Texas is 140 days starting on the second Tuesday in January. We are 96 days into this session. So where do we stand on key pieces of legislation related to sand mining and other flood mitigation? A quick update.
Proposed Legislation in House
HB13 Creates a flood infrastructure fund of $3.26 billion taken from the Economic Stabilization (Rainy Day) fund for flood planning, mitigation, and infrastructure projects. (Comparable to SB7 below but with some differences.) This bill finally passed the House on April 11 and was sent to the Senate on the same day.
HB509 Allows Texas Railroad Commission to regulate APOs with TCEQ. Requires: hydrologic impact study, public notice, public hearings, and provides fines up to $10,000 and 1-year in jail for false statements. The Energy Resources Committee held a public hearing on April 8. Opponents says six of 11 members on the committee oppose the bill. It is still pending in committee. They could act on it as early as April 15. If you haven’t sent in your letters let, time is running out on this one.
HB 907 Doubles the penalties for not registering a sand mining operation. New penalties can range from $10,000 to $20,000 per year with the total not to exceed $50,000. Scheduled for a public hearing on Wednesday, April 17.
HB 908 Provides for penalties up to $50,000 for water code violations and every-other-year inspections. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.
HB 909 Calls for the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations) that comply with applicable environmental laws and regulations. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.
HB 911. Creates a Lake Houston Watershed Commission: Purpose: to provide the public with streamlined communication and cooperation in flood control planning. Public hearing held on March 19 and has been pending in the Natural Resources Committee ever since.
HB 1671. Extends water quality protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos as part of a pilot program. Attaches penalties for non-compliance with best practices defined under HB909. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.
HB 2871. Would require sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance. The Energy Resources Committee also held a public hearing on this bill on April 8. Six of 11 members reportedly oppose the bill. It is still pending in committee. They could act on this one, too, as early as April 15. If you haven’t sent in your letters yet, act now.
Proposed Legislation In Senate
SB 7. Creates a dedicated Texas Infrastructure Fund for flood control planning and the funding of flood planning, mitigation, and infrastructure projects. Passed by the Senate and referred to House Natural Resources Committee on March 28. No action since then.
SB500. An appropriations bill that includes funding for SB7 and an amendment that would dedicate $30 million for dredging of the West Fork Mouth Bar in Lake Houston. Passed by both houses and heading for a conference committee to iron out slight differences in amendments.
SB2123. Companion bill identical to HB907. No action since referral to Natural Resources and Economic Development committee on March 21.
SB2124. Companion bill, identical to HB909. No action since referral to Natural Resources and Economic Development committee on March 21.
SB2125. Companion bill, identical to HB908. No action since referral to Natural Resources and Economic Development committee on March 21.
SB2126. Would allow conservation districts to dredge rivers without a permit to restore conveyance if they place the spoils on private land. No action since referral to Natural Resources and Economic Development committee on March 21.
42 Days Left
With only 42 days left before the end of the session, the chances for flood mitigation legislation look hopeful. However the chances for sand mining regulation look doubtful. Near the end of the third quarter, TACA and the status quo are up 10-0 over Citizens.
In exactly six weeks, the clock will run out and it will be two more years for resident’s next shot at sand mining regulation. Stay tuned.
Posted by Bob Rehak on April 13, 2019
592 Days since Hurricane Harvey
Great Lakes Finishes Dredging Early; Accelerates Need for Mouth Bar Decision
Last month, the U.S. Army Corps of Engineers predicted that dredging could take until early May. They allowed another month for de-mobilization. However, one of the two dredgers on the job, Great Lakes, finished this week. Their early finish could affect a series of decisions on the mouth bar.
Early Finish, New Possibilities
The early finish could let mouth-bar dredging start sooner. However, it also could put pressure on the Corps to consider options not in play a week ago.
At the end of March, the City of Houston submitted an application to FEMA to fund mouth bar dredging. The purpose: remove 1.4 million cubic yards of sediment from the giant sand bar at the mouth of the San Jacinto West Fork. Separately, the City also submitted a permit application to the Army Corps to store the dredging spoils on property in Humble, across from Kingwood’s River Grove Park.
Officials hoped that decisions could be made on both requests before the dredgers began demobilizing. That could save up to $18 million in re-mobilization fees. From a taxpayer-savings point of view, it’s more economical to keep the dredgers dredging than organize a second separate project.
However, Great Lake’s early finish is forcing everyone from Galveston to Houston to Austin to Washington to scramble.
New Possibilities
As of this afternoon, the Army Corps said it was still reviewing the storage application permit to use the property in Humble. The permit review plus site prep, if approved, could take months though.
But that would require a much longer run, additional booster pumps, more pipe, and most likely…the larger, more powerful dredge that just finished.
Experts tell me that it is technically feasible to pump the sand all the way from the mouth bar to PA2 – IF the sand mine operator would allow it.
Evaluating Alternatives
Will the higher cost of the longer run eat up any savings that come from avoiding a second mobilization? The Corps has not yet had time to explore all possibilities and run the numbers, but it’s good to know another possibility may exist…
To help keep all options open, officials throughout Texas at every level have leaped into action.
Crenshaw and Brady Urge Quick Action
This morning, representatives from Congressman Dan Crenshaw’s office met with FEMA. Both Crenshaw and Congressman Kevin Brady sent a letter to FEMA three days ago, underscoring the need for quick action on the grant request.
City, State Pushing, Too
City officials have scrambled also. Dave Martin, Houston City Council Member said, “I’ve been in communication all day, and had multiple conversations with Great Lakes; Congressman Dan Crenshaw’s office; Chief Nim Kidd of the Texas Division of Emergency Management; Stephen Costello, the City’s Chief Recover Officer, and more.” Reportedly, even Governor Abbott got involved at one point.
According to Martin, “Our #1 goal is a Mission Assignment.”
Still Time to Save Re-mobilization Costs
Martin added,”Nothing is being disassembled, yet. They are not removing any pipe yet. They are taking advantage of this down time to check the pipe’s condition so that it can be replaced if necessary. I’m guardedly optimistic at this time.”
One experienced dredger explained that pipe can wear out. Coarse sand, he said, can be very abrasive, especially with steel pipe.
So for the time being, dredgers are performing necessary maintenance and inspections. That could take days or weeks. However, it probably will not keep them here months. Bottom line: the clock is ticking … louder now than before.
Contractors can’t tolerate downtime indefinitely. How long they decide to wait will most likely depend on the certainty of future work. That depends on FEMA and how quickly it acts.
Update on Funding
FEMA has not yet committed any funding. Stephen Costello has said in the past that the amount they fund will depend on their assessment of the City’s assessment. The two sides need to agree on how much mouth-bar sediment came from Harvey.
Separately in Austin, SB500, a supplemental appropriations bill, has been approved unanimously by both the House and Senate. It includes an amendment from State Representative Dan Huberty that includes $30 million for dredging the mouth bar. That money could help form the local match for FEMA. Next step for SB500: conference committee and the governor’s desk.
Mayor Sylvester Turner has committed $18 million from the City, according to City Council Member Martin. And the County committed $10 million in last year’s flood bond.
Keep in mind though that we must also budget for dredging beyond the mouth bar. We need East Fork, remainder of the West Fork, and maintenance dredging.
All the pieces are falling into place. Keep your fingers crossed and your eyes on FEMA. This is a high-stakes, political drama for the Lake Houston area!
Posted by Bob Rehak on April 12, 2019
591 Days since Hurricane Harvey
Why Lake Houston is NOT Releasing Water Despite Approaching Storm
Houston City Council Member Dave Martin’s office issued the following release today re: the lowering of Lake Houston in advance of storm warnings for the weekend. Some people anticipated additional lowering for a lake that had already been lowered due to maintenance. The City will NOT lower the lake. Here’s what’s happening and why.
Lake Houston Not Releasing Any Water
Houston, TX – Council Member Dave Martin would like to make Lake Houston Area residents aware that he has not requested any lowering of Lake Houston since October of 2018. In February, the lake was lowered by one foot to 41.5 feet, allowing for spillway dam repairs, which was a Houston Public Works maintenance project. After repairs were completed the lake was to be naturally refilled to its normal pool elevation of 42.5 feet during the month of March through regular rain events.
Unseasonably Dry March
This March was unseasonably dry which did not allow for the lake to refill as quickly as expected. On April 1, 2019, Lake Conroe began their seasonal release of water to Lake Houston which will result in the release of one foot of water to Lake Houston, bringing Lake Houston back to normal pool elevation of 42.5 feet by the end of the month. The release from Lake Conroe must be controlled and systematic. To monitor the seasonal release you can visit the San Jacinto River Authority’s website here.
Council Member Martin has requested that no additional water be released from Lake Houston during this upcoming weekend’s rain event. The holding of any water received due to rain this weekend will assist in speeding up the refill process for Lake Houston. The current level of Lake Houston is 41.5 feet, which is one foot below its normal level.
To observe Lake Houston water levels please visit the Coastal Water Authority website here.
Unnecessary Release
During last weekend’s inclement weather Council Member Martin advised Houston Public Works that an additional release of water from Lake Houston was NOT necessary due to the lake already being low. However, Houston Public Works without the direction from Council Member Martin released an additional six inches of water on Friday, April 5 from Lake Houston.
Upon notification from Houston Public Works, which occurred after hours over the weekend, that an additional release had been conducted, Council Member Martin immediately requested the closure of all gates at Lake Houston in an effort to stop the unnecessary release of water. We appreciate resident’s patience as our office works diligently with Houston Public Works to improve communication with residents regarding the operations of Lake Houston.
Martin Calls for Improved Communication and Formal Protocol
As a result of this failure in communication by Houston Public Works, our office has requested the department provide a formal protocol to our office so that we may share with the community. As in the past during inclement weather situations, which predict more than three inches of rain in the San Jacinto Watershed, our office will provide at least 48 hour notification to residents. This advance notification will allow time to secure boats and other water vehicles. For more information please contact the District E office by calling (832) 393-3008 or by emailing DistrictE@houstontx.gov.
Posted by Bob Rehak on April 11, 2019
590 Days after Hurricane Harvey